What Is PERM Processing?
PERM processing is the U.S. Department of Labor’s (DOL) labor certification process that employers must complete before sponsoring a foreign worker for certain employment-based permanent residence (Green Card) categories.
To hire a foreign worker, U.S. employers will need to establish that there are no qualified, available, and willing employees available in the U.S. for the specific position they are hiring. The purpose of PERM processing is to demonstrate there are no employees available in the U.S., which is why they are hiring workers from abroad, and that hiring a foreign worker will not negatively affect the wages or working conditions of similarly employed U.S. workers.
Once the PERM labor certification is approved, the employer can move forward with filing Form I-140, Immigrant Petition for Alien Worker, with USCIS as part of the employment-based Green Card process.
Why Is PERM Processing Required?
The PERM program helps protect the U.S. labor market by requiring employers to test the labor market before hiring a foreign national for permanent employment.
Employers must demonstrate that they
- Conducted the required recruitment activities.
- Offered the prevailing wage for the position.
- Did not find qualified U.S. workers for the role.
- Complied with Department of Labor regulations throughout the recruitment process.
Only after meeting these requirements can the employer request labor certification from the Department of Labor.
Who Needs PERM Processing?
PERM processing is generally required for employers sponsoring foreign nationals under many employment-based Green Card categories, including
- EB-2 (Professionals with Advanced Degrees or Exceptional Ability)*
- EB-3 (Skilled Workers, Professionals, and Other Workers)
*Certain EB-2 petitions may qualify for a National Interest Waiver (NIW), which does not require PERM labor certification.
How Does PERM Processing Work?
Although every case is unique, PERM processing generally follows the steps below.
1. Determine the Prevailing Wage
The employer requests a prevailing wage determination from the U.S. Department of Labor.
2. Conduct Recruitment
The employer completes mandatory recruitment activities to determine whether qualified U.S. workers are available for the position.
Recruitment requirements may include
- Job orders
- Newspaper advertisements
- Internal notices
- Additional recruitment steps for professional occupations
3. Review Applicants
The employer evaluates all qualified U.S. applicants and documents the recruitment process.
4. File ETA Form 9089
If no qualified U.S. workers are identified, the employer submits ETA Form 9089 electronically to the Department of Labor.
5. DOL Review
The Department of Labor reviews the application and may approve the labor certification, request additional information, select the case for audit, or deny the application if requirements are not met.
6. Continue the Green Card Process
After PERM approval, employers generally proceed with filing Form I-140 with USCIS.
How Long Does PERM Processing Take?
PERM processing times vary depending on several factors.
- Department of Labor workload
- Prevailing wage processing times
- Recruitment timeline
- Whether the application is audited
- Case complexity
Because processing times frequently change, employers and immigration attorneys should monitor current Department of Labor updates throughout the process.
Common Challenges During PERM Processing
Employers and immigration law firms often encounter challenges such as
- Lengthy processing times
- Increased audit requests
- Recruitment documentation requirements
- Manual deadline tracking
- Managing multiple recruitment stages
- Coordinating employers, attorneys, and beneficiaries
- Maintaining compliance with DOL regulations
As case volumes increase, these administrative tasks can become difficult to manage without standardized workflows.
Best Practices for Managing PERM Cases
Immigration attorneys and employers can improve efficiency by
- Standardizing recruitment workflows.
- Maintaining centralized case records.
- Tracking deadlines automatically.
- Organizing recruitment documentation.
- Using secure document management.
- Maintaining audit-ready records.
- Monitoring every stage of the PERM lifecycle.
How Technology Helps Simplify PERM Processing
Many immigration law firms now use immigration case management software to streamline PERM case management.
Modern platforms help firms
- Track recruitment activities.
- Manage compliance documentation.
- Automate reminders and deadlines.
- Centralize employer and beneficiary information.
- Improve collaboration between attorneys, paralegals, HR teams, and employers.
- Maintain visibility across every stage of the PERM process.
Solutions like Imagility help immigration professionals manage PERM workflows more efficiently through workflow automation, centralized case management, secure document management, and compliance tracking, reducing administrative effort while improving operational visibility.
Frequently Asked Questions
What does PERM stand for?
PERM stands for Program Electronic Review Management, the electronic labor certification system administered by the U.S. Department of Labor.
Is PERM required for every employment-based Green Card?
No. While many EB-2 and EB-3 Green Card applications require PERM labor certification, some categories, such as the EB-2 National Interest Waiver (NIW), may be exempt.
Who files the PERM application?
The employer files the PERM labor certification application on behalf of the foreign worker.
What form is used for PERM processing?
PERM applications are submitted using ETA Form 9089.
Which government agency handles PERM processing?
The U.S. Department of Labor (DOL) is responsible for reviewing and approving PERM labor certification applications.
What happens after PERM is approved?
After receiving PERM labor certification approval, employers generally proceed with filing Form I-140, Immigrant Petition for Alien Worker, with USCIS, followed by the remaining Green Card process when eligible.
